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Inside Internal Controls

News and discussion on implementing risk management

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Privacy Compliance and Management

Rejected job applicants obtain disclosure of application records under privacy law

PIPA governs how private organizations handle personal information and creates rules regarding its collection, use, and disclosure. Section 23(1)(a) of PIPA gives individuals the right to access their personal information that is under the control of an organization.

 

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A step-by-step guide to creating a cybersecurity plan

The first step is easily accomplished by reviewing a few definitions. The second step is trickier. The third step may involve a lot of work, but you can start with six straightforward steps.

 

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Privacy damages awarded for commercial use of a person’s image in a public setting

Organizations which use images for commercial purposes would be wise to seek the consent of all persons appearing in such images, even where the images are made in a public setting.

 

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Artificial intelligence: The year in review

The regulatory landscape impacting AI continues to evolve both domestically and abroad. As we begin the new year, we pause to reflect on some of 2017’s most notable developments in AI and prepare for new trends to watch out for in 2018.

 

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Whistleblower protection: Employers need to create a speak-up environment

It is incumbent on Canadian employers to take whatever steps they can to implement systems that would allow whistleblowers to step forward without fear, and speak-up without punishment.

 

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Technology law highlights: 2017 Year in Review

Here, in no particular order, are some of the year’s highlights as chronicled by McCarthy Tétrault’s bloggers:

 

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Artificial intelligence and the protection of personal information in Canada: The priority for 2018

“When I look at myself, I am discouraged, when I compare myself to others, I panic…” This distorted saying summarizes the interactions in 2017 between artificial intelligence (AI) and personal information. While the number of AI projects and successes continues to mount in Canada, especially in Montréal, discussions on “the after” remain embryonic: how can […]

 

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Keeping an eye on employees – Guidance from BC’s Office of the Information and Privacy Commissioner

If you decide that you need to keep an eye on your employees, you’ll want to take into consideration this guidance from BC’s Office of the Information and Privacy Commissioner. As technology becomes more inexpensive, accessible and ubiquitous, we are seeing an increase in employers’ use of surveillance tools. While workplace monitoring has its benefits, […]

 

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Canadian Competition Bureau releases final fintech report

The Bureau’s final fintech report is intended as guidance for financial services sector regulators and policymakers. The following are the key takeaways, which were covered in more detail when the draft report was issued.

 

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Standing committee released its report on Canada’s Anti-Spam Law

According to Micheal Geist, Professor of Law Canada Research Chair in Internet and E-commerce Law Faculty of Law, Common Law Section Centre for Law, Technology and Society, “the committee has asked the government for a detailed response to the report, which should be forthcoming in the spring. The government can be expected to fully support the enforcement recommendations, but retain flexibility on the recommendations for further clarification

 

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Updated: Nova Scotia passes new cyber-bullying legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act. The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act, was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

 

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Is it about managing risk?

Managing risk absent the context of your objectives leads you to manage what may be irrelevant and miss what may be crucial.

 

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Bill 141 – Proposed amendments to the Act respecting the Autorité des marchés financiers with regard to whistleblowing

Following the example of the Ontario Securities Commission, the Authority implemented a whistleblower program in June 2016. Contrary to Ontario, Quebec’s program does not give financial awards to whistleblowers, but it does guarantee a framework that ensures confidentiality and protects whistleblowers against reprisals. However, no legislative amendment guaranteeing these protections has been introduced until now.

 

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“Swipe card” records inadmissible to prove time theft

An employee was terminated for time theft because his time cards did not align with the ‘swipe card’ records showing when he entered and exited the building. But did the employer collect the data in accordance with privacy laws?

 

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Estonian blockchain-based ID card security flaw raises issues about identity

On August 30, 2017, an international team of security researchers notified the Estonian government of a security vulnerability affecting the digital use of Estonian ID cards issued to around half of the Estonian population. Affecting 750,000 ID cards issued to a population of 1.3 million, the Estonian Information System Authority (RIA) has taken measures to restrict some of the ID card’s security features until a permanent solution is found.

 

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